Agenda and draft minutes

South Eastern Area Planning Committee - Wednesday 17th February 2021 6.00 pm

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Media

Items
No. Item

260.

Chairman's notices

Minutes:

The Chairman welcomed everyone to the remote meeting, held under new regulations which came into effect on 4 April 2020 in response to the COVID-19 pandemic.  He took Membersthrough the etiquettefor the meeting and then asked Officers and Councillors in attendance to introducethemselves.

 

This was followed by a roll call of Committee Members present.

 

 

261.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors R P F Dewick and W Stamp.

262.

Minutes of the last meeting pdf icon PDF 145 KB

To confirm the Minutes of the meeting of the Committee held on 20 January 2021 (copy enclosed).

Minutes:

RESOLVED by assent that the Minutes of the meeting of the Committee held on 20 January 2021 be approved and confirmed.

 

 

263.

Disclosure of Interest

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interests or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6-8 inclusive of the Code of Conduct for Members.

 

(Members are reminded that they are also required to disclose any such interests as soon as they become aware should the need arise throughout the meeting).

 

Minutes:

Councillor Mrs P A Channer, CC, disclosed a non-pecuniary interest in all items on the agenda as a member of Essex County Council, a consultee on highways, access, waste, education and all planning related matters.

 

Councillor A L Hull declared a pecuniary interest in Agenda Item 6 – 20/01166/FUL. Land South of Charwood and East of Orchard House, Stoney Hills, Burnham-on-Crouch and would leave the meeting for this item of business.

 

264.

20/00883/FUL - Annley House, Burnham Road, Latchingdon pdf icon PDF 501 KB

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Minutes:

Application Number

20/00883/FUL

Location

Annley House, Burnham Road, Latchingdon 

Proposal

Section 73A retrospective application for single storey extensions and outbuildings and alterations to hours / music at the site.

Applicant

Mr & Mrs Paul Likeman

Agent

Chris Cumbers - CBS Cumbers MCIAT

Target Decision Date

27.11.2020

Case Officer

Louise Staplehurst

Parish

LATCHINGDON

Reason for Referral to the Committee / Council

Member Call In

Councillor Mark G Bassenger

Reason: this is an existing business providing local employment, providing a service and promoting tourism – policies E1 and E5 of the Local Development Plan (LDP).

 

 

Following the Officer’s presentation, the Applicant, Mrs Likeman, addressed the Committee. The Chairman then moved the recommendation that planning application 20/00883/FUL, Annley House, Burnham Road, Latchingdon be refused for the reasons as detailed in section 8 of the report.

 

Councillor Bassenger opened the discussion in support of the application. A lengthy debated ensued where the majority of Members supported the application noting it was a source of employment, provided a hub for the community and was well managed.  It was acknowledged that ambient noise in the countryside could cause harm to the amenity of neighbours, especially in the summer when outside space was in use. However, it was also noted that the applicant had undertaken various sound level testing and measures had been put in place to reduce noise nuisance by keeping doors and windows closed and using air conditioning, together with screens to reduce noise when doors were opened to access the outside. 

 

The issue of noise nuisance from public vacating the premises during the proposed opening hours was also discussed and it was suggested that, in line with advice from Environmental Health, opening times could be curtailed by conditions to mitigate these problems. Planning Officers advised that Members consider conditions that protected the amenity of adjoining residents in perpetuity. The Lead Specialist Place advised that, given there was real potential for harm to residential amenity in the district, the proposed opening times be amended to an earlier closing as time noise travels much further in the open countryside.

 

Councillor Bassenger, taking all the aforementioned into consideration, proposed that the application be approved contrary to the officer’s recommendation. This was seconded by Councillor Helm.

 

The Chairman then put the Officer’s recommendation of refusal to the Committee. Upon a vote being taken it was lost.

 

The Chairman, referring to Councillor Bassenger’s duly seconded proposal to approve the application, called for reasons for approval. Councillor Bassenger said the reason the application should be approved was that the applicants had sufficiently mitigated against any noise impact resulting from the development and therefore the proposal would not result in undue harm to the amenity of neighbouring occupiers.

 

It was noted that due to the complexity of the conditions and the need to address the advice put forward by Environmental Health in the Officer’s report the conditions be delegated to Officers in consultation with the Chairman.

 

The Chairman then put Councillor Bassenger’s proposal to approve the application for the aforementioned reason to  ...  view the full minutes text for item 264.

265.

20/01166/FUL - Land South Of Charwood and East of Orchard House, Stoney Hills, Burnham-On-Crouch pdf icon PDF 630 KB

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Additional documents:

Minutes:

Application Number

20/01166/FUL

Location

Land South Of Charwood and East of Orchard House, Stoney Hills, Burnham-On-Crouch

Proposal

Construct cul-de-sac road with turning head and vehicular and pedestrian access off Stoney Hills, erect one detached bungalow and garage, lay out parking spaces and garden

Applicant

Mr Burrows - Virium Technology Limited

Agent

Mr Stewart Rowe - The Planning And Design Bureau Ltd

Target Decision Date

22.02.2021

Case Officer

Louise Staplehurst

Parish

BURNHAM NORTH

Reason for Referral to the Committee / Council

Departure from the Local Plan 2017

Member call in by Councillor Vanessa J Bell

Reason: The proposed dwelling, as a result of its style, design and bulk, would result in a contrived and dominant development which would cause significant and undue harm to the character and the surrounding area. The proposal is contrary to policies S1, S2, D1 and H4 of the LDP. MDC has it’s 5-year plus land supply. Overlooking loss of privacy to immediate property.

This is an overdevelopment of the site having 53 houses already being approved on Stoney Hills, outside the NDP & LDP allocations. It is outside the development boundary.

No difference to previous application.

 

It was  noted that a Members’ Update had been circulated that detailed further objections to the application. Following the Officer’s presentation, the Agent, Mr Rowe, and the Applicant, Mrs Yates addressed the Committee.

 

The Chairman then moved the Officer’s recommendation that planning application 20/01166/FUL, Land South of Charwood and East of Orchard House, Stoney Hills, Burnham-on-Crouch be approved subject to a signed Unilateral Undertaking to confirm that the developer will contribute to Essex Coast RAMS and the conditions as detailed in Section 8 of the report. This was seconded by Councillor Helm.

 

Councillor Bell, having called in the application opened the debate by stating her objections. She said that the development represented serious loss of amenity and loss of privacy due to the proximity to Orchard House. She added that this was a clear case of over development, it did not meet the requirements of the Essex Design Guide and was not an acceptable development given the residents of Orchard House could no longer use certain areas of their home due to loss of privacy..

 

Councillor Channer sought clarification on the height of the new building and felt that 5.7 metres in relation to the boundary was quite high and a cause for concern. She had grave concerns around the design, orientation and proximity of the development which would cause demonstrable harm to the living conditions of the residents of Orchard House.

 

The Lead Specialist Place advised that design was subjective and a difficult position to take as a council. He said that as the development was for a bungalow it should not overlook the neighbouring property, that every application influenced someone and that Members, as decision-makers, needed to take into account material considerations..

 

The Chairman then put the Officer’s recommendation of approval to the Committee. As a result of there being an equality of votes the Chairman used his casting  ...  view the full minutes text for item 265.

266.

20/01188/FUL - Steeple Bay Holiday Park, Canney Road, Steeple pdf icon PDF 581 KB

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Additional documents:

Minutes:

Application Number

20/01188/FUL

Location

Steeple Bay Holiday Park, Canney Road, Steeple

Proposal

Variation of condition 4 of approved planning permission FUL/MAL/18/00465 (Change of use of land to allow the occupation of holiday caravans between the 1st March and the 30th November (inclusive) in each year (resubmission of 17/01364/FUL) to allow occupation between 1st December 2020 and the end of February 2021.

Applicant

Park Holidays UK Ltd

Agent

Mr Ian Butter BSc FRICS MRTPI

Target Decision Date

05.03.2021

Case Officer

Julia Sargeant

Parish

Steeple

Reason for Referral to the Committee / Council

Major Application

 

It was noted that in accordance with the Members’ Update circulated prior to the meeting that this application had been withdrawn by the Agent.